Slip and Fall / Premises Liability: Injured

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Slip and Fall and Premises Liability

Slip and Fall / Premises Liability: Under this theory, the owners and occupiers of land or property owe a legal responsibility for accidents and injuries that occur on their property. These laws are largely dependant on state law and vary from state-to-state. What's usually important in these cases is to look at the status of the injured. Where they a trespassor or were they invited to the property? The status of the injured person with regards to the property might play a role in determining duty, depending on the state. Courts might also look at the condition of the property. Finally, there may be special laws applying to landlords and lessors of property.

Recently in Slip and Fall / Premises Liability Category

Life in a nursing home is rarely any person’s ideal living arrangement, and when things go wrong, it can often leave nursing home residents confused about their legal remedies. Nursing homes are like a mix between hotels and hospitals, which can both be held liable, like any premises’s owner, for a slip and fall injury if it involved negligence.

Cases against nursing homes often present challenges and obstacles outside the legal variety of proving that it happened. Oftentimes, residents are afraid of making claims for fear of retaliation, or residents are unable to make a claim because of a physical disability. It is important to remember, especially if you are helping an elderly friend or relative, that they likely must continue to live there and may be uncomfortable with making a claim but not say anything to you.

A Salem, Oregon teen is suing his former school district after he suffered a traumatic brain injury as a result of slipping in another student's vomit on the basketball court. The lawsuit alleges that after a student vomited on the basketball court, the area was either not properly cleaned or not properly dried, and 15 year old Robert Amarillas, while playing basketball during an open gym session, slipped and fell on the vomit, or liquid left behind after cleaning it up.

The school district issued a statement in response to the previously filed lawsuit by Mr. Amarillas, which appears to have been voluntarily dismissed and just recently refilled. In their response, the district asserts that Mr. Amarillas was to blame for his own injuries, or perhaps someone else's misconduct was to blame. This case is not a typical negligence case as it involves not only premises liability, but school premises liability.

All too frequently people sign contracts or agreements without bothering to read them. They just sign each blank that’s highlighted, or every line marked with a X. For plaintiff Patricia Evans from Pennsylvania, this proved to be the error that ended her injury case against the gym chain LA Fitness.

In November 2014, while working out under a personal trainer’s direction, the 63 year old was doing suicide runs when she fell and fractured her wrist. She alleged that her trainer was pushing her to go faster when the fall and fracture occurred. The fitness company prevailed on summary judgment, meaning that a trial never happened and a jury never heard the case, because Ms. Evans signed a release of liability form.

Joyce Little-Thomas was recovering from respiratory treatment at Select Specialty Hospital in 2009 when she was sexually assaulted and raped by Warren Butler, a certified nursing assistant at the facility. Little-Thomas sued the Augusta-based hospital for negligent hiring, retention, and supervision of Butler, on the grounds that the hospital knew he could be a danger to patients and did nothing.

Her lawsuit was finally settled last month, on the eve of trial, with Select Specialty paying an undisclosed amount to avoid a trial. So how is the hospital on the hook for its employees' actions? Here's a look.

Touring a haunted house attraction is supposed to be scary. If you rub shoulders with the Grim Reaper, you can count that as having a good time. But the dangers aren't supposed to be real. If they are, and if someone gets injured, the haunted house may face real legal liability.

In 2014, a woman was severely injured while attending the Erebus Haunted House in Pontiac, Michigan after a moving wall caused her to slip and fall. She sustain multiple fractures as well as other injuries.

Ms. Turner's lawsuit alleged that she was knocked down in an area with inadequate lighting. Mr. Terebus, owner of the Erebus Haunted House, has only commented that the operation is safe and that it has been in operation for a long time. This month, the case settled for $125,000.

Like most of us, 60-year-old Etelvina Jimenez thought she was doing the healthy thing by hopping on a gym's treadmill to get some exercise. But when Jimenez fell she joined nearly half a million Americans who are injured by exercise equipment every year.

Jimenez's brain injuries were severe and now she's suing the gym, claiming it violated safety standards by placing treadmills too close to other equipment.

Next to the dance floor and bar, one of the usual favorite places for party people to hang out is the balcony. This past Saturday, at just after 11:00 p.m., 31 party goers at an off-campus party at Trinity College in Hartford, Connecticut fell victim to a double balcony collapse.

NBC News reports that a third floor balcony collapsed, landing on the second-floor balcony, which then also collapsed onto the first floor. Luckily there were no major injuries or loss of life during this double balcony collapse.

From slick store floors to icy sidewalks, slip and fall accidents account for an enormous number of personal injury lawsuits. So many, in fact, that you probably know someone (or know someone who knows someone) who has considered filing a slip and fall claim. And with so many stories out there, separating the truth from so many tall tales can be a challenge.

Have no fear -- we're here to help. Here are five common myths about slip and fall lawsuits, and the facts behind the fiction.

Flora Kim and David Kang, of Dallas, Texas were enjoying the annual meeting of the American Association of Oral Maxillofacial Surgeons at the Hilton Hawaiian Village in Waikiki September 2014 with their son. That was until the boy’s foot got caught in an escalator at the resort, tearing skin from his leg and requiring emergency surgery.

Now the parents are suing Crocs, claiming that the shoes the boy was wearing at the time were “negligently and improperly designed,” and that the company knew about the risk to children wearing their shoes on escalators.

Slip and falls send one million of us to the hospital emergency room every year, are the leading cause of workers' compensation claims, and account for half of all accidental deaths in the home. And while many of us may be quick to blame ourselves and our clumsiness for a fall, the cause may have been a dangerous condition with the floor or surface we were walking on.

In order to recover for injuries based on someone else's negligence in constructing or maintaining a safe walking environment, you may need to prove the dangerous condition in court. How? By preserving as much physical evidence from the scene as possible.